I have caught California’s income tax agency, the Franchise Tax Board (FTB), running multiple schemes where they embezzle taxpayer’s money, then impose penalties which would not had been imposed had the money not been embezzled. The false imposition of fees is the crime of racketeering. I’ve also caught them overcharging interest.

I have filed an Accusation in the California Supreme Court in which I detail how the schemes work, show the relevant legal codes that proves they are illegal, and then detail how FTB falsely makes these unlawful practices appear to be legitimate. I also call out the administrative court judges at the Office of Tax Appeals, as well as the California Bar Association, for their roles in covering up the criminal activities.

When a taxpayer believes that they have had penalties, fees and interest improperly imposed on them by the Franchise Tax Board, the first step is to request a refund. Refund requests are almost always denied.

The next step is to file an appeal in the Office of Tax Appeals, which is an administrative (specialty) court that deals solely with tax issues.

If OTA denies your refund request, you can then file a trial del novo in Superior Court. In English, that means that the Superior Court judge will look at this as a new case altogether, not simply as an appeal of the lower court’s decision. (More info on the process in FAQs)

I had been warned by two different tax attorneys that OTA usually sides with FTB, so hiring an attorney would be a waste of money.

I thought I had made a strong case for why I should get my money back with my Brief and Oral Arguments, so I was disappointed, but not surprised, when I lost. The Opinion (aka verdict) for my case was so blatantly corrupt that it was shocking.

Month: September 2020

CA Supreme Court Accusation Filed Against Franchise Tax Board Employee for Covering Up That FTB is Overcharging Taxpayers

Why The OTA Opinion in My Case Was Blatantly Corrupt

When a taxpayer believes that they have had penalties, fees and interest improperly imposed on them by the Franchise Tax Board, the first step is to request a refund. Refund requests are almost always denied.